Can you or your witnesses recover costs or expenses for Employment Tribunal Claims?

The parties to an employment claim are entitled to bring witnesses to the Employment Tribunal to provide evidence to support their claim or defence. There is no cost for bringing an employment claim before an Employment Tribunal. Therefore, unless the parties are paying for the cost of legal representation from an employment solicitor, there is generally no cost of bringing an employment claim. Employment solicitors can be used as legal representatives, but their full cost must be met by the claimant.

After most Employment Tribunal claims each party will be responsible for their own costs. However, the Employment Tribunal is able to order one party to pay the other’s costs in certain circumstances. These circumstances include a party’s unreasonable behaviour throughout the proceedings, if a party has refused to participate in mediation without good reason, or if the claim was so weak that the Employment Tribunal considers it should not have been brought. Any employment law solicitor you are using can make a claim for costs to the Tribunal.

In addition, if either party fails to provide the Employment Tribunal with the requested or necessary information, an additional hearing may be required and a costs order will be made against the responsible party. Your employment law solicitors can appeal if you are faced with these costs. In order to avoid a costs order being made against them, a party should promptly respond to the Employment Tribunal’s requests, and behave reasonably towards the other party.

It is possible for both the parties and their witnesses to recover certain expenses as a result of attending an Employment Tribunal hearing, subject to terms and conditions. In order to receive their expenses, a person must fill in a Claims Form. These can be obtained from the Tribunal office. If in doubt, employment law lawyers can assess expenses claims and the likelihood of them being paid by the Tribunal.

Travel costs can be reimbursed in excess of £5. The conditions are that where possible, public transport is used to attend the hearing. The Tribunal will not pay for car parking fees or congestion charges. The cost of a taxi will only be reimbursed in exceptional circumstances where prior written approval has been obtained from the Regional Secretary. Overnight expenses can be reimbursed for up to £81 in inner-London, £71 elsewhere in the country, and £21 if they stay with friends or family. Other reimbursements include loss of earnings, cost of childcare, and interpreter services.

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